How do I request an emergency temporary custody order (ex parte) in California if I believe my child is in danger?

To request an emergency custody order in California, you must file specific court forms demonstrating an immediate risk of harm to your child and give the other parent formal notice of your request. This "ex parte" process is reserved for situations of genuine, immediate danger. Here are the steps to request an emergency order: Step 1: Complete the Required Court Forms You must fill out several forms, which are available on the California Courts website (courts.ca.gov) or at your local Superior Court's clerk's office. The key forms are the Request for Order (FL-300), the Temporary Emergency (Ex Parte) Orders (FL-305), and a declaration explaining the emergency. In your declaration, you must state specific facts showing how your child is in immediate danger of physical or emotional harm or is at risk of being removed from California. Step 2: Give Formal Notice to the Other Parent You must notify the other parent that you are requesting emergency orders. By 10:00 a.m. the court day before your hearing, you (or another adult) must inform the other parent (or their attorney) of the date, time, and location of the hearing and what orders you are requesting. You must document this notice on the Temporary Emergency (Ex Parte) Orders form (FL-305). Step 3: File Your Paperwork with the Court Take your completed forms to the court clerk's office in your county. You will have to pay a filing fee unless you qualify for a fee waiver. The clerk will process your documents and schedule your emergency hearing, which is often held the next court day. Step 4: Attend the Emergency Hearing You must appear in court for the hearing. The judge will review your paperwork and may ask you questions. If the other parent appears, they will also have a chance to speak. The judge will then decide whether the situation qualifies as an emergency and whether to grant temporary custody orders. Important Considerations: The court will only grant an emergency order if you prove "immediate harm" or "irreparable injury." This is a very high standard. If the judge grants your request, the orders are only temporary. The court will schedule a follow-up hearing within about 21 days where both parents can present their full case. Warnings and Limitations: Do not use this process for non-emergency disputes, such as disagreements over schedules or parenting styles. Filing a false or frivolous emergency request can harm your credibility and may lead to financial penalties. This is general information and does not constitute legal advice. For complex situations or if your child's safety is at risk due to domestic violence, you should consult with a qualified California family law attorney immediately.